Attorney General Opinion No. 1993-126 PDF Download
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Author: Robert T. Stephan
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A city is only required to make available to the public those records that it makes, maintains, keeps or possesses. A city is not required to prepare a report or conduct an investigation in response to a request for information. A city may charge reasonable fees for providing access to or furnishing copies of public records pursuant to K.S.A. 45-219. Cited herein: K.S.A. 45-216; K.S.A. 1992 Supp. 45-217; K.S.A. 45-219; K.S.A. 45-220.
Author: Robert T. Stephan
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Languages : en
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A city is only required to make available to the public those records that it makes, maintains, keeps or possesses. A city is not required to prepare a report or conduct an investigation in response to a request for information. A city may charge reasonable fees for providing access to or furnishing copies of public records pursuant to K.S.A. 45-219. Cited herein: K.S.A. 45-216; K.S.A. 1992 Supp. 45-217; K.S.A. 45-219; K.S.A. 45-220.
Author: Robert T. Stephan
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Languages : en
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A city attorney is prohibited from entering into a diversion agreement on a complaint alleging an alcohol related offense if the defendant has previously participated in a diversion of an alcohol related offense regardless of whether that prior diversion has been certified by the division of vehicles of the state department of revenue. Furthermore, the prohibition against offering diversion applies to a defendant who was granted diversion from an alcohol related offense within the preceding five years. Cited herein: K.S.A. 12-4415; K.S.A. 1993 Supp. 22-2908.
Author: Robert T. Stephan
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Languages : en
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Medical costs incurred by an indigent offender before or at the time of arrest are to be borne by the county if the offender is subsequently charged with a violation of state law.
Author: Robert T. Stephan
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Languages : en
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As used in K.S.A. 1991 Supp. 74-7301, personal injury means an injury affecting one's physical and mental person; an injury giving rise to a personal action at law. Cited herein: K.S.A. 1991 Supp. 74-7301.
Author: Robert T. Stephan
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Because the 1986 repeal of the prohibition of diversion for drivers having a blood-alcohol concentration of .20 or higher is remedial legislation, it is to be given retrospective effect. In determining whether diversion is in the interests of justice and the community, the factors to be considered by the city prosecutor are not affected by L. 1986, ch. 185, section 1. Cited herein: K.S.A. 12-4414; K.S.A. 1985 Supp. 12-4415(b)(3), as amended by L. 1986, ch. 185, section 1.
Author: Robert T. Stephan
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Languages : en
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It is our opinion that the offices of councilperson for a city of the second class and trustee for the city hospital are incompatible. The common law doctrine of incompatibility of offices precludes a person from concurrently serving in both offices. Cited herein: K.S.A. 14-109; 14-204; 14-205; 14-601; 14-604; 14-605; 14-606; K.S.A. 14-602 (Weeks 1935).
Author: Robert T. Stephan
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As a general rule, publicly owned vehicles may not be used for private purposes. However, city employees whose job responsibilities require them to be available 24 hours a day are not in violation of K.S.A. 8-301 et seq. when they use a city owned vehicle for personal uses (which are described in this opinion) because these uses are merely incidental to the primary purpose of the city which is to keep these employees accessible and responsive to city demands around the clock. Cited herein: K.S.A. 1992 Supp. 8-126; K.S.A. 8-301; 8-306; 8-307.
Author: Robert T. Stephan
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Languages : en
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Settlements of tort claims against a state agency or its employees must be approved by the state finance council only if payment of the settlement is to be made from the tort claims fund. Finance council "approval" of a settlement not paid from the tort claims fund has no binding effect. Cited herein: K.S.A. 75-3711c; 75-6106; 75-6109; K.S.A. 1990 Supp. 75-6117, as amended by L. 1991, ch. 182, section 6.
Author: Robert T. Stephan
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Languages : en
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The Kansas county in which a Kansas corporation's headquarters are located and from which it conducts much of its business may be considered the corporation's domicile, and thus its residence, for purposes of K.S.A. 8-129 vehicle registration, unless its charter or articles of incorporation reflect a different domicile. Cited herein: K.S.A. 1993 Supp. 8-126; K.S.A. 8-127; 8-129; 8-149; 8-1,138.
Author: Robert T. Stephan
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Pursuant to the Kansas sentencing code neither court services officers nor community corrections officers have authority to unilaterally restrict the liberty of clients under their supervision. A statute which would purport to grant such authority to court services officers or community corrections officers without the benefit of a hearing would violate due process rights guaranteed under the fourteenth amendment to the United States constitution. Cited herein: K.S.A. 1992 Supp. 21-4602; 21-4603; 21-4610.
